U.S. Federal & state "defense of marriage
acts" (DOMA) & constitutional amendments
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Summary:
From the founding of the United States until 1996, there were two foundational principles governing marriage:
The District of Columbia and the individual states defined who is eligible to marry within their jurisdiction, and
The federal government granted benefits, obligations and protections to all legally married couples and to their children anywhere in the U.S.
These two U.S. foundational principles were terminated by Congress in 1996 with the passage of the federal Defense of Marriage Act (DOMA). It states that even if a same-sex couple is legally married in the District of Colombia or in a state that has legalized same-sex marriages (SSMs), the federal government will not recognize these marriages. Same-sex married couples will be viewed as "legal strangers" with the status of roommates.
Many states have specifically banned same-sex marriages; some have passed a DOMA-type law or constitutional amendment themselves declaring that they would not recognize valid same-sex marriages legally solemnized in other jurisdictions.
The constitutionality of these laws and amendments has been challenged in recent court cases.